The author recommends that, when statute is cited in a just cause case, the arbitrator have the parties thoroughly address the statutory arguments, and that the arbitrator then present a…

The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present an in-depth survey of the…

A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the enforceability of class action waivers…

Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can blunt, if not entirely eliminate,…

The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that enactment of the AFA would…

Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that…

This paper explores situations in which an employee is required as a condition of employment to submit statutory claims to arbitration. Rabin presents a review of court decisions on agreements…

An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.

The pitfalls of med-arb are described; ways to avoid them recommended; and the process described. The med-arb contract is discussed and sample provisions offered…

The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey addresses associated due process concerns;…